How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Samuel II Your Own Question
Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27010
Experience:  General practice of law with emphasis in family law.
10707909
Type Your Family Law Question Here...
Samuel II is online now
A new question is answered every 9 seconds

My original visation agreement was made six years ago. Circumstances

Customer Question

My original visation agreement was made six years ago. Circumstances have changed in many different aspects of my children's school , extra virtual activities and needs. My ex is he custodial parent . She fails to inform me of any changes to their schedule until last minute or will change things and then not allow me to get them , after saying I could have them , even on my court order days . The last year I have work two jobs to repay the back support owed . I have not seen them as much . However I have tired to communicate with her in moving forward and utilizing the current agreement , she continues to change the vaisitaion days and times to suit her needs and does not consider the children nor my time with them. They both have asked me that they wanted more time with me. Unfortunately she continues to hold control due to having full custody and going by the terms of the visitation agreement in how she perceives it, due to the agreement not being stipulated or well stated . They agreement was set into place when the children where 5 and 7. They are now 11 and 13. How do I proceed in getting a new order and so I have grounds to do so.
Submitted: 11 months ago.
Category: Family Law
Expert:  Samuel II replied 11 months ago.
HelloThis is Samuel. What state was the ordered issued and do you both still live in that state?
Customer: replied 11 months ago.
Yes , as well she has continued to do the same behaviors for the last 6 years , I. Regards ***** ***** children. As in saying O can have them and then changing it last minute . Or constantly not notifying me of any schedule changes until the last minute. When I ask she says shut up I don't have to tell you anything. She has also schedule activities on my visitation days and then demands I return them earlier .
Customer: replied 11 months ago.
If they have a function or something she wants with her church she says I can't have them or says they have to come back early
. In the past we both were very toxic in texts however that has stop the last year. I only ask her to be considerate and think of the well fate of the kids . That is never the case .really want to have a new agreement into place .
Customer: replied 11 months ago.
I'm Maryland
Expert:  Samuel II replied 11 months ago.
Hello Thank you. You should consider filing a Contempt Show Cause proceeding and also a Modification
Expert:  Samuel II replied 11 months ago.
The Contempt will require her to appear in court and Show Cause as to why she is not adhering to the order of the court. And the Modification can be file requesting you have more visits or even a change of custody.
Expert:  Samuel II replied 11 months ago.
You can get both forms from the clerk of the court where the order was issued from. And file it on your own without a local attorney, if you want.
Expert:  Samuel II replied 11 months ago.
You also can request that a guardian ad litem be appointed so that the children's best interests are being evaluated and fully considered.
Customer: replied 11 months ago.
I understand that ,m. Do I have groundsfor a modification
Expert:  Samuel II replied 11 months ago.
You don't need grounds other than in the best/better interests of the children.
Expert:  Samuel II replied 11 months ago.
And so you will need to show how you can provide the better environment, school, extra curricular opportunities etc for a Modification request.
Customer: replied 11 months ago.
I was suppose to have them on Memorial Day weekend . I inform her that I would get them on my weekend on 5/10 . Just to confirm on 5/16 I sent her a text letting her know what time she wanted them back due to it being Memorial Day weekend. She then let me know which I attached the conversation. I asked her why she didn't inform me earlier also saying I would get our son . She said no. I never said I would r get him that it was just unfair to our daughter not to come
Customer: replied 11 months ago.
I only want to modify the terms of my visitation and get more time with them , without her constant custodial interference . Also have a new agreement stipulated and also worded and stated in terms we both can adhere to.
Customer: replied 11 months ago.
The imagine I uploaded was the correct one .
Customer: replied 11 months ago.
How much would it cost for a modification in my visitation with them ?
Expert:  Samuel II replied 11 months ago.
Thank you. Nope not the right text. But that's ok. I don't need to see the exchange
Expert:  Samuel II replied 11 months ago.
The fee will vary depending on what county or Baltimore City you live in. It will range from $50 to $ 110.
Expert:  Samuel II replied 11 months ago.
Or I mean where you need to file. And so you should contact the clerk of the court, request the Modification form and also how much to file it.
Expert:  Samuel II replied 11 months ago.
Once you have the form, you can see where you can request the modification as you need. But as to the Memorial Day issue, you have a court order already in that regard, so I suggest you file a Contempt and ask to be placed on the docket as soon as possible because of your Memorial Day visitation as ordered is being disrupted.
Expert:  Samuel II replied 11 months ago.
Please let me know here if you have other questions or need clarification. Otherwise a Positive rating ensures i get credit for my time.
Customer: replied 11 months ago.
I actually was asking in regards ***** ***** a lawyer may charge for a modification
Expert:  Samuel II replied 11 months ago.
Thank you. I suggest it is on a case by case basis. And you can consult with a local attorney. At a minimum it will cost $1500. If she contests it, it will go higher.
Expert:  Samuel II replied 11 months ago.
If you want a referral to a local attorney for consultation, I suggest you can use this link and use the Bar Association in your county for a local referral.
Expert:  Samuel II replied 11 months ago.
And so if you get the forms and file it yourself you can save a few dollars. But if you are not comfortable in representing yourself, then you should indeed have a local attorney do this for you.
Expert:  Samuel II replied 11 months ago.
Professionals on this site are precluded from representing customers of this site. We can only provide information. So you need to use a referral service unless you have a local attorney you are familiar with who can offer a referral to a family law attorney or represent you.

Related Family Law Questions